According to Article 196 of the Criminal Law, if a cardholder overdraws beyond the prescribed limit or time limit for the purpose of illegal possession and refuses to return it after being urged by the issuing bank, it is a malicious overdraft.
If the amount is relatively large, he shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or confiscated property.
Extended data:
Credit card usage regulations:
1. Credit card overdraft interest shall be charged at the rate of five ten thousandths of daily interest within 15 days from the signing date or bank account date, and at the rate of five ten thousandths of daily interest after 15 days, and at the rate of fifteen thousandths of daily interest if the overdraft amount exceeds the specified limit after 30 days. The overdraft interest is not divided into sections, and the interest is calculated according to the highest interest rate grade or the highest overdraft amount.
2. The overdraft business of each card-issuing bank must be included in its credit scale for management. Overdraft is transferred to short-term loan accounting. The special unit shall not refuse to accept the valid credit card legally held by the cardholder and issued by the contracted bank for any reason, and shall not charge the cardholder extra fees for using the credit card.
3. Citizens with full capacity for civil conduct can apply for personal cards. Personal card holders can apply for supplementary cards for their spouses and 18-year-old relatives, and the number of supplementary cards shall not exceed two at most. The holder of the main card has the right to request the cancellation of its supplementary card.
Xishuangbanna public security network-criminal law